Reinhart Grocery Co. v. Rust
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) Notice of appeal from the judgment of a justice of the peace is jurisdictional and must comply with the statute.' Such notice must describe the judgment appealed from. It must describe the parties to the suit and if it does not name the same parties named in the judgment there is a fatal misdescription and the notice is no notice at all. Tiffin v. Millington, 3 Mo. 418; McGinness et al. y.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) Notice of appeal from the judgment of a justice of the peace is jurisdictional and must comply with the statute.' Such notice must describe the judgment appealed from. It must describe the parties to the suit and if it does not name the same parties named in the judgment there is a fatal misdescription and the notice is no notice at all. Tiffin v. Millington, 3 Mo. 418; McGinness et al. y. Taylor, 22 Mo. App. 514; Smith Drug Co. v. Hill, 61 Mo. App. 680; Stone v. Baer, 82 Mo. App. 339; State to use, etc. v. Harm…
1Opinion of the CourtNortoni, J.
Plaintiff prosecutes this appeal from a judgment of the court dismissing the case-, and *281the question for consideration relates to the sufficiency of the notice of appeal from the judgment of the justice to the circuit court.
It appears plaintiff, an incorporated company, sued the several defendants, doing business as copartners under the name of Rust, Swift & Company, before a justice of the peace on an open account and recovered a judgment of $215.45 against them on the 8th day of March, and more than ten days prior to the next, or April, term of the circuit court, on March 11th, defendants…
2Cases cited7 opinions
- Munroe v. HerringtonMissouri Court of Appeals · 1903
- Hammond v. KroffMissouri Court of Appeals · 1889
- Holschen Coal Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Cooper v. Northern Accident Co.Missouri Court of Appeals · 1906
- Clay v. TurnerMissouri Court of Appeals · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Davenport Vinegar & Pickling Works v. ShelleySupreme Court of Missouri · 1920